| Seminar: California's Unfair Claims Settlement Practices Act |
| December 14, 2007 |
| Cleveland, Ohio |
| Speaker(s):
Shawn K. Elliott |
Firm litigator Shawn Elliott will be speaking on the topic of the California Unfair Claims Settlement Practices Act at a Seminar for insurance representatives to be held in Cleveland, Ohio on December 14, 2007. This will be attorney Elliott's 4th annual presentation to insurance professionals on this topic; and will include a special discussion on spotting potential fraud in motor vehicle accident and soft-tissue injury cases.
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| National Moot Court Competition |
| November 15, 2007 |
| Los Angeles, California |
| Speaker(s):
Johnna J. Hansen |
Firm Senior Counsel Johnna Hansen has been invited to Judge a National Moot Court Competition to be held at the United States District Court in Los Angeles, California, on 11/15/07.
Mrs. Hansen is a Senior Counsel at the Firm's Sherman Oaks office, and has tried over 20 jury trials to verdict and aggressively represented clients at over 25 binding arbitration hearings to date.
If you would like more information about this competition, please feel free to contact Mrs. Hansen at (818) 205-9955.
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| MC Construction Seminar |
| October 19, 2007 |
| Colorado Springs, Colorado |
The Firm is pleased to announce that Firm Partner Robert Freedman will be joining construction industry experts in speaking at the MC Construction Seminar to be held in Colorado Springs, Colorado, on October 19 and 20, 2007.
Mr. Freedman is Co-Chair of the Firm's Commercial and Construction Practice Groups and is based out of the Sherman Oaks, California office. If you would like more information about this informative Conference, please contact Mr. Freedman at (818) 205-9955 to obtain more information.
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| Risk and Insurance Management |
| October 17, 2007 |
| Los Angeles, California |
| Speaker(s):
Robert M. Freedman, Johnna J. Hansen |
Firm Trial attorneys Robert Freedman and Johnna Hansen will be guest speakers at the October 17, 2007 meeting of the Risk and Insurance Management Society to be held in Los Angeles, California. The topics to be covered by litigators Freedman and Hansen are business organization; contractor risks (and matching insurance coverage to those risks); and current trends and costs regarding
alter-ego liability and piercing of the corporate veil.
Mr. Freedman Co-Chairs the Firm's Commercial and Construction Practice Groups; and Johnna Hansen is a Senior Counsel of the Firm, having tried over 20 jury trials to verdict.
If you would like more information about this important presentation, please contact Mr. Freedman or Mrs. Hansen at (818) 205-9955.
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| Contractors & Builders Conference |
| July 26, 2007 |
| Las Vegas, Nevada |
| Speaker(s):
Robert M. Freedman |
The Firm is pleased to announce that Firm Partner Robert Freedman will be joining Judge Allan Earl and a team of other construction industry experts in speaking at the Contractors & Builders Conference to be held in Las Vegas, Nevada, on July 26, 2007.
Mr. Freedman Co-Chairs the Firm's Commercial and Construction Practice Groups; and Judge Earl presides over most construction defect cases on file at the Clark County District Court in Las Vegas, Nevada.
If you would like more information about this informative Conference specifically tailored to respond to the needs of insurance carriers and its brokers/agents, please contact Mr. Freedman at (818) 205-9955 to obtain more information.
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| Seminar: Landlord-Tenant Law |
| July 19, 2007 |
| Pasadena, California |
| Speaker(s):
Stacey A. Miller |
Stacey Miller has been invited to speak at the Sheraton Pasadena Hotel in Pasadena, California on July 19, 2007 on the topic of Landlord-Tenant Law. Ms. Miller's presentation will cover issues concerning problem tenants, focusing on rights and responsibilities and habitability matters. Other members of the panel will speak to lease agreements, litigation options, and tenant bankruptcy.
Ms. Miller is a Partner I at the Firm's Sherman Oaks office; and focuses her practice on on all phases of civil litigation in both Federal and State courts, including arbitration, mediation and trial. If you would like more information about this seminar, please feel free to contact Ms. Miller at (818) 205-9955.
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| 14th Annual Construction Defect Seminar |
| May 3, 2007 |
| Anaheim, California |
Christopher Ruiz, Firm Partner and Chair of the Firm's Construction Industry Practice Group, will be attending the 14th Annual Construction Defect Seminar in Anaheim, California on May 3rd and 4th. The seminar, which is sponsored by West Coast Casualty, is the largest in the Nation and will highlight highly skilled expert guest speakers from various areas within the construction industry
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| Proposition 65 Clearinghouse Conference |
| March 23, 2007 |
| San Francisco |
On March 23, 2007 Firm Partner Charles May will be attending this years meeting of the Prop. 65 Clearinghouse in conference where all sides of the regulated community come together- along with judges, regulators and Attorney General's staff - to discuss Prop. 65 issues.
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| An Afternoon On Campus With Partner Robert Freedman |
| January 24, 2007 |
| University of California at Santa Barbara |
| Speaker(s):
Robert M. Freedman |
Firm Partner Robert Freedman was recently interviewed by students of the Mediation and Negotiation Program at the University of California at Santa Barbara, on how his skills as a certified Mediator - in addition to being an experienced trial attorney - have benefitted his clients and legal practice.
While Mr. Freedman has obtained his certification to act as a Mediator, and has mediated cases, his practice remains primarily that of a trial attorney representing the Firm's clients in litigated matters and transactions. This interview was conducted in relation to his Mediation training, commitment to the field of ADR, and because his current litigation practice requires extensive use of the Mediation process to resolve his cases. A condensed version of this interesting dialogue is transcribed below:
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| Internet Research In California |
| December 7, 2006 |
| Pasadena, California |
Topic: Internet Research in California
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| 3rd Annual Seminar - California's Unfair Claims Practices Act |
| October 5, 2006 |
| California |
Attorneys Shawn K. Elliott and Paul V. Wayne chaired the Firm's 3rd Annual Seminar on California's Unfair Claims Practices Act and related regulations. The focus of this year's presentation centered on uninsured motorist, workers' compensation, and medical payment claims in California. Special guests in attendance at the seminar were claims representatives and managers for Progressive Insurance Company.
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| Condo Conversion Conference |
| July 13, 2006 |
| Los Angeles, California |
| Speaker(s):
Robert M. Freedman |
Presentation by Robert M. Freedman
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| Nuts and Bolts of Internet Research for the Legal Assistant |
| June 20, 2006 |
| Santa Ana, California |
Topic: Internet Research in California
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| 9th Annual MC Consultants Seminar |
| June 2, 2006 |
| Colorado Springs |
| Speaker(s):
Robert M. Freedman |
Topic: Risk Transfer based on Express Indemnity Agreements and Additional Insured Endorsements.
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| Academy of Hospitality Industry Attorneys Spring 2006 Conference |
| May 5, 2006 |
| San Diego, California |
| Speaker(s):
James O. Eiler |
Presentation: Perils of Overbooking the Hotel, Damages and Potential Criminal Penalties.
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| Fourth Annual Hospitality Law Conference |
| February 3, 2006 |
| Houston, Texas |
| Speaker(s):
James O. Eiler |
Topic: Recent Legislation Affecting The Hospitality Industry
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| Symposium on Financing, Developing & Operating Condo Hotel |
| December 12, 2005 |
| Las Vegas, Nevada |
| Speaker(s):
Robert M. Freedman |
Robert Freedman of Tharpe & Howell was recently an invited guest at a Symposium on Financing, Developing & Operating Condo Hotels that took place in Las Vegas. The meeting brought together hundreds of the top professionals in the real estate development and hospitality industry for two days of discussions about the present and future of this emerging real estate trend.
For those unfamiliar with the area, there are a variety of versions of the product being built. This includes traditional condominium projects in which the unit owners participate in a rental pool, condominium projects developed in conjunction with an attached hotel, and mixed use projects which include a combination of condominiums with rentals, hotels, and commercial.
While these types of properties have been around for some time, a staggering number of them have been developed in recent years primarily in destination resort areas such as Florida, Las Vegas, as well as various beach and mountain locals. However, their popularity in urban areas are growing, with major projects being built or planned in urban New York, Chicago, San Diego and San Francisco.
One of the main reasons for the popularity of these mixed-use projects is the financing aspect. By including condominiums in the mix, developers can sell the units early, thus generating large amounts of capital to significantly reduce the developers' need to invest their own capital for the development. From the consumer perspective, growth is being fueled by an "aging" baby-boomer generation, who want a second home with the amenities of a resort and without the maintenance obligations. From a hotel development perspective, this infusion of capital from the condo sales provides the incentive necessary for the development and operation of a hotel that would otherwise not pencil-out financially. Lastly, the inclusion of brand-name hotel operators into these projects provides instant consumer recognition and consumer acceptance.
The meeting provided insight and guidance as to the risks associated with these types of projects. Because of the nature of the relationships between the various participants, the development requires extensive documentation that starts with the planning and entitlements. It also includes the C&R’s, various design and construction agreements, the establishment of the homeowners association, operating agreements between developers, hotel operators, management and rental companies, and the unit owner sales agreements. In addition to sorting out the rights and obligations of the parties involved, the documentation is intended to identify and transfer the numerous risks associated with these types of operations.
While there are numerous risks involved in these type of projects, from a legal perspective, the primary risk is associated with the sales and marketing of the condominium units. The concern is that the developer will attempt to use the potential for rental income as an incentive for the consumer to buy a unit, and the rental income will generate a profit off the “investment,” or off-set the costs associated with owning a unit.
If sold as investment, it turns the transaction into the sale of a security thereby triggering the Security and Exchange Commission's jurisdiction. Once the transaction is subject to the SEC, unless the developer has complied with its extensive filing and disclosure obligations, the condo purchaser(s) may seek to rescind the purchase agreement, as well as obtain other types of restitution and damages. As such, the marketing of the units is focused on selling a "life-style” with very strict limitations as to what can be communicated to the purchaser with respect to increases in values of the units and potential income from participation in a rental program.
In the area of construction, the focus of the meeting was on the necessity for the developers to overlay all of their construction with layers and layers of quality control. This includes hiring private inspectors to document all aspects of the construction to avoid the necessity of opening walls to later determine how it was built. As expected, the primary concern related to water intrusion and mold. With respect to insurance coverage, the over-riding theme was that insurance is available however, in the future, the developers can expect the aggregate coverage to be reduced by half for the same premiums they are now paying.
In conclusion, Attorney Freedman believes we will see more and more of these types of developments which no doubt will bring with them a whole new waive of disputes. However, not only will there be disputes related to the construction, there will be disputes arising out of the rights and obligations, as well as the risk assumptions of the various participants in a project, as within the “four corners” of any project are numerous parties with sometimes conflicting interests.
Should you have any questions or would like additional information on this topic, feel free to contact Mr. Freedman at (818) 205-9955 or email him at rfreedman@tharpe-howell.com.
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| Presentation to MGM Mirage Risk Management Team |
| October 27, 2005 |
| Las Vegas, Nevada |
| Speaker(s):
James O. Eiler |
Topic: Negligent Security
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| Presentation by E. Allen Tharpe, III |
| October 15, 2005 |
| Omaha, Nebraska |
Firm counsel E. Allen Tharpe, III recently presented a comprehensive overview of California's Auto Dealer E & O Litigation - Truth in Lending Laws Automobile Fraud in Omaha, Nebraska. Topics included Consumer Legal Remedies Act, Rees - Levering Act, Federal Truth in Lending Act (TILA), and Car Buyers Bill of Rights.
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| 2nd Annual Brennen Cardenas Golf Classic |
| September 1, 2005 |
| Yorba Linda, California |
| Speaker(s):
James O. Eiler |
| Second Annual Hospitality Law Conference |
| February 3, 2005 |
| Houston, Texas |
Topic: Food and Beverage Liability Prevention
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| Presentation by Robert Freedman |
| Key West Florida |
Topic: Risk Transfer Through The Use of Express Indemnity Agreements and Additional Insured Endorsements
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| Presentation to Engle Martin & Associates |
| Atlanta, Georgia |
| Speaker(s):
James O. Eiler |
Topic: California Claims Practices
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| Firm Welcomes Harco National Insurance Company |
| Schraumsburg, Illinois |
| Speaker(s):
Robert B. Salley |
